The Awarding Authority may appeal against the decision of the Public Procurement Tribunal within two weeks of notification of the decision of the Public Procurement Tribunal.

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Suspensive Effect of the Complaint

The immediate appeal has a suspensive effect for a period of two weeks. This means that the contracting authority is again prevented from awarding the contract during that period of time.

Proceedings before the Higher Regional Court in Procurement cases

If the contracting authority submits a written request and justifies it, the OLG may allow the proceeding of the procedure, and thus the award, taking into account the chances of success of the appeal and weighing the interests involved.Such an application must be decided by the Higher Regional Court within five weeks; no appeal is allowed against its decision.If the immediate appeal is well founded, the court annuls the decision of the public procurement tribunal and either adjudicates the matter itself or instructs the public procurement tribunal to re-assess the matter in the light of the court’s interpretation of the case.

[1] OLG: Oberlandesgericht, Higher Regional Court